Hagge v. State ex rel. Wiseman
Nebraska Supreme Court
Error to the district court of Hall county. Tried below before Post, J. The official return of officers who so neglect and violate their oaths of office should not be received in evidence, but other evidence should have been produced on behalf of the party claiming under such terms. Either the ballots should have been produced or the electors themselves summoned. See McCrary’s Law of Elections, 228 and 229, and cases there cited.
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Error to the district court of Hall county. Tried below before Post, J. The official return of officers who so neglect and violate their oaths of office should not be received in evidence, but other evidence should have been produced on behalf of the party claiming under such terms. Either the ballots should have been produced or the electors themselves summoned. See McCrary’s Law of Elections, 228 and 229, and cases there cited. Littlefield v. Green, 1 Chicago Legal News, 230. Brightley’s Election Cases, 493. Mann v. Cassiday, 1 Brewster, GO. Thompson v. Ewing, 1 Brewster, 107. Weaver v.…
1Opinion of the Court
Maxwell, Ch. J.
This is a proceeding in quo warranto, instituted by the relator against the plaintiff in error, to oust him from the position of treasurer of Hall county, and to instate the relator therein. On the trial of the causein the district court, judgment was rendered in favor of the relator. The defendant therein brings the cause into this court by petition in error. It appears from the bill of exceptions that at the general election in the year 1878, Martinsville precinct, in Hall county, cast twenty-two votes, twenty of which were cast for the relator and two for the plaintiff in…
2Cited by11 opinions
- State ex rel. Willard v. StearnsNebraska Supreme Court · 1881
- Smith v. LawrenceSouth Dakota Supreme Court · 1891
- Stearns v. State Ex Rel. BiggersSupreme Court of Oklahoma · 1909
- State ex rel. Norton v. Van CampNebraska Supreme Court · 1893
- State ex rel. Whittemore v. PeacockNebraska Supreme Court · 1884
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